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09-08-98 v CITY OF ATLANTIC BEACH 0 CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., SEPTEMBER 8, 1998 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held May 5, 1998. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. OLD BUSINESS: fa Code Enforcement Official Karl Grunewald will present follow-up reports on the following properties: Case No. 98-7407- James Smith, 85 Edgar Street. The owner of the property is in violation of Chapter 12, Section 12-7 and 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 85 Edgar Street the following condition(s): Trash and debris in the rear yard and the right-of-way along Robert Street is kept in an unsanitary manner. During the May 5, 1998 Code Enforcement Board Meeting, the Board fined Mr. Smith $1.00, ordered him to pay a previous fine of$250.00 and administrative costs in the amount of$93.73. Mr. Smith has paid the required fees and the previous fine. Case No. 98-7310 - Robert Stewart,348 Church Road. The owner of the property is in violation of Chapter 12, Section 12-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 348 Church Road the following condition(s):Abandoned, inoperable vehicles stored in the yard, trash scattered throughout the yard and trash and debris scattered across the right-of-way. During the May 5, 1998 Code Enforcement Board Meeting, the Board found Mr. Stewart to be a repeat violator, assessed Mr. Stewart $79.30 in administrative fees and stated he must be in compliance by May 30, 1998. If the property was in non-compliance after that date, the Board IIIAmended to include Item 5A , 1 • Agenda Page -2- Code Enforcement Board September 8, 1998 voted to fine Mr. Stewart $50.00 per day for every day the property was in non-compliance. As of this date, Mr. Stewart has not paid the administrative fees and an in-house lien has been placed against the property for a previous $100.00 fine and the administrative fees. Case No. 98-7386 -Joseph Nedeau of 105 West 6th Street. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 105 West 6th Street the following condition(s): Abandoned, inoperable vehicles and inoperable boats stored in the yard, unpermitted buildings in the yard, building material stored outside and junk, trash and excessive vegetation in the yard. During the May Code Enforcement Board Meeting, Code Enforcement Official Grunewald reported that the property had been brought into compliance. The Board assessed Mr. Nedeau $93.73 administrative costs, which he has paid. As a repeat violator, the Board also voted to fine Mr. Nedeau $50.00 per day should the property come into non-compliance again. • Case No. 98-7484 - Brian Lloyd of 422 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-3 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises located at 422 Sargo Road the following condition(s): Boat stored in front of front setback line, trash scattered throughout the yard, trash and debris scattered across the right-of-way, and high grass and weeds. Mr. Lloyd admitted to being a repeat violator of the code. Code Enforcement Official Grunewald stated the property had been brought into compliance except for one tire lodged under the fence. The Board assessed Mr. Lloyd administrative costs of $93.73, which have not been paid, and an in-house lien has been placed against the property. If the property is found to be in non-compliance again, the Board voted to fine Mr. Lloyd $250.00 per day for each day the property is in non-compliance. Case No. 98-7329 - Elizabeth Butler of 427 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 427 Sargo Road the following condition(s): Abandoned, inoperable vehicles and inoperable motor scooter in yard, trash scattered throughout the yard, high grass and weeds, and garbage spilling out of garbage containers. During the May Code Board Meeting, the Board voted not to fine Mr. Butler because the property was brought into compliance. The Board assessed $100.95 administrative costs, which • have not been paid and are now an in-house lien against the property. If the property is found to be in non-compliance again, the Board voted to fine Mr. Butler $50.00 for each day the property Agenda Page -3- 0 Code Enforcement Board September 8, 1998 is in non-compliance. Case No. 98-7370 - Harold Matthews of 455 Atlantic Boulevard. The owner of Endless Summer Glass Shop is in violation of Chapter 17, Section 17-2 and 17-8 of the Code of the City of Atlantic Beach in that there exists on the premises located at 455 Atlantic Boulevard the following condition(s): A non permitted sign (no permit issued) placed on a stockade (wooden) fence. It was reported the property had been brought into compliance and no fine levied at that time. However, the Board voted to impose a one-time fine of$100.00 should the property come into non-compliance again. Mr. Matthews was assessed $86.52 in administrative costs, which have been paid. Case No. 98-7572- Paul Ferber, Shoppes of North Shore 363 Atlantic Boulevard #3 (Unit #14 subject property). Paul Ferber owner of the property is in violation of Chapter 17, Section 17-2-(c) of the Code of the City of Atlantic Beach in that there exists on the premises located at • 363 Atlantic Boulevard (Unit#14) the following condition(s): An non permitted sign in front of store unit#14. Code Enforcement Official Grunewald reported that the property had been brought into compliance. The Board assessed Mr. Ferber $93.73 in administrative costs, which have been paid. If the property is found to be in non-compliance again, the Board voted to fine Mr. Ferber a one-time fine of$250.00. 4. NEW BUSINESS: Case No. 98-7518 - James Baker, 598 Seaspray Avenue. Mr. Baker, owner of the property, is in violation of the following section(s): Chapter 12, Sections 12-1-3 and 7 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Travel trailer stored in front of the front yard setback line, abandoned Dodge Diplomat in front yard filled with trash and high vegetation (grass and weeds) on the property. Case No. 98-7271 - Calvin C. Grant, 826 Amberjack. Mr. Grant, owner of the property, is in violation of the following section(s): Chapter Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. • Case No. 98-7737 - Benny Ossi,205 Edgar Street. Mr. Ossi, owner of the property, is in violation of the following section(s): Chapter Section 12-1-7 Open Storage of the Code of the Agenda Page -4- • Code Enforcement Board September 8, 1998 City of Atlantic Beach in that there exists on the premises the following condition(s): outside storage of trash, discarded vegetation dumped in the rear yard and abandoned vehicles. This property has been sold to Jeff Klotz. Code Enforcement Official Grunewald will explain the disposition of the lien against the property. (See Item 5 A of the agenda). Case No. 98-7488 - H.G. Parks, 1120 Ocean Blvd. Mr. Parks, owner of the property, is in violation of the following section(s): Chapter Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. Case No. 98-7518 - Kae Kendall, 50 Ocean Blvd. Ms. Kendall is in violation of the following section(s): Chapter 20, Sections 52 and 54 Business License Required of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to obtain a city business license. 0 Case No. 98-7364 - Benjamin Brown, 457 Sailfish Drive. Mr. Brown, owner of the property, is in violation of the following section(s): Chapter Section 12-1-3 Weeds and Rubbish of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): trash not placed in a container, trash and debris scattered over the yard and high grass and weeds. Case No. 98-7735 - Billy Dawson,310 Mealy Street. Mr. Dawson, owner of the property, is in violation of the following section(s): Chapter Section 12-1-7 Open Storage of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Abandoned, inoperable vehicles and miscellaneous junk and trash on the property. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien *A. Jeff Klotz 205 Edgar Street $2,593.73 None. 6. BOARD MEMBER COMMENTS: 11111 8. ADJOURNMENT CITY OF ATLANTIC BEACH 0 CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 8, 1998 Call to order: PRESENT: Ken Rogosheske, Chairman James Pelkey Tami Deitchman Richard Mann Curtis Sanders AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Karl Grunewald, Code Enforcement Officer Don Ford, Building Official Claude Mayo, Acting Fire Chief Julie M. Brandt, Secretary ABSENT: Robert Etheridge Lou Etta Waters The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the • Pledge of Allegiance to the Flag. 1. Approval of Minutes of the Regular Meeting of May 5, 1998. The minutes of the Regular Code Enforcement Board Meeting of May 5, 1998 were unanimously approved as corrected. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were none. 3. UNFINISHED BUSINESS: Code Enforcement Official Karl Grunewald presented follow-up reports on the following properties: Case No. 98-7407-James Smith, 85 Edgar Street. The owner of the property is in violation of Chapter 12, Section 12-7 and 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 85 Edgar Street the following condition(s): Trash and debris in the rear yard and the right-of-way along Robert Street is kept in an unsanitary manner. illIt was reported that during the May 5, 1998 Code Enforcement Board Meeting, the Board fined Minutes Page -2- Code Enforcement Board September 8, 1998 Mr. Smith $1.00, ordered him to pay a previous fine of$250.00 and administrative costs in the amount of$93.73, and that Mr. Smith paid the required fees and the previous fine. Case No. 98-7310 - Robert Stewart, 348 Church Road. The owner of the property is in violation of Chapter 12, Section 12-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 348 Church Road the following condition(s):Abandoned, inoperable vehicles stored in the yard, trash scattered throughout the yard and trash and debris scattered across the right-of-way. It was reported that during the May 5, 1998 Code Enforcement Board Meeting, the Board found Mr. Stewart to be a repeat violator, assessed Mr. Stewart $79.30 in administrative fees and stated he must be in compliance by May 30, 1998. It was further reported that Mr. Stewart had not paid the administrative fees and an in-house lien has been placed against the property for a previous $100.00 fine plus the $79.30 administrative fees. Case No. 98-7386 -Joseph Nedeau of 105 West 6th Street. The owner of the property is in • violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 105 West 6th Street the following condition(s): Abandoned, inoperable vehicles and inoperable boats stored in the yard, unpermitted buildings in the yard, building material stored outside and junk, trash and excessive vegetation in the yard. It was reported that the property had been brought into compliance and the $93.73 administrative costs paid. Case No. 98-7484 - Brian Lloyd of 422 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-3 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises located at 422 Sargo Road the following condition(s): Boat stored in front of front setback line, trash scattered throughout the yard, trash and debris scattered across the right-of-way, and high grass and weeds. Code Enforcement Official Grunewald reported the property had been brought into compliance except for one tire lodged under the fence and the administrative costs of $93.73 remained unpaid. Case No. 98-7329 - Elizabeth Butler of 427 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 427 Sargo Road the following condition(s): Abandoned, • inoperable vehicles and inoperable motor scooter in yard, trash scattered throughout the yard, high grass and weeds, and garbage spilling out of garbage containers. Minutes Page-3- Code Enforcement Board September 8, 1998 It was reported that Mr. Butler brought the property into compliance and the $100.95 administrative costs assessed by the Board remain unpaid. Case No. 98-7370-Harold Matthews of 455 Atlantic Boulevard. The owner of Endless Summer Glass Shop is in violation of Chapter 17, Section 17-2 and 17-8 of the Code of the City of Atlantic Beach in that there exists on the premises located at 455 Atlantic Boulevard the following condition(s): A non permitted sign (no permit issued) placed on a stockade (wooden)fence. Code Enforcement Official Grunewald reported the property had been brought into compliance and the $86.52 in administrative costs paid. Case No. 98-7572-Paul Ferber, Shoppes of North Shore 363 Atlantic Boulevard#3 (Unit #14 subject property). Paul Ferber owner of the property is in violation of Chapter 17, Section 17-2-(c) of the Code of the City of Atlantic Beach in that there exists on the premises located at • 363 Atlantic Boulevard(Unit#14)the following condition(s): An non permitted sign in front of store unit#14. Code Enforcement Official Grunewald reported that the property had been brought into compliance and the $93.73 in administrative costs paid. 4. NEW BUSINESS: Chairman Rogosheske read the case procedures to be followed and all witnesses were sworn in. Case No. 98-7504 was taken out of sequence and heard first. After reading the case procedures, Dennis Hayes,Attorney representing Kae Kendall, invoked the rule of excluding witnesses from the hearing room and asked that Building Official Ford and Acting Chief Mayo not be present when the other was giving testimony. Case No. 98-7504 - Kae Kendall,50 Ocean Blvd. Ms. Kendall is in violation of the following section(s): Chapter 20, Sections 52 and 54 Business License Required of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to obtain a city business license. Code Enforcement Official Grunewald read the charges and explained that Mrs. Kendall had been operating the business for 150 days(from the date of the initial notice) without a City of Atlantic Beach Occupational License. Code Enforcement Official Grunewald further explained that Mrs. Kendall's business, Boutique Unique,was not licensed because it had been unable to • pass the Life Safety Code and Standard Building Code requirements pertaining to fire walls and Minutes Page -4- Code Enforcement Board September 8, 1998 protection. It was pointed out that to date, no action had been taken to bring the location into compliance by installing the required fire wall. Attorney Dennis Hayes made his opening statement which referenced items in his letter dated August 6, 1998, to City Attorney Alan Jensen, which is attached and made part of this official record as Attachment A indicating that no change in occupancy of the building had occurred. Attorney Hayes pointed out that Building Official Ford had approved the plans for the building modifications at Adessa, however, the modifications failed the minimum fire separation inspection after considerable money and time had been spent. Prosecuting Attorney Green called Don Ford who gave testimony as to the requirements of the Southern Standard Building Code with regard to a strip center with mercantile occupancy. Acting Fire Chief Mayor left the room at this time. In explaining the differences between the Building and Life Safety Codes, Building Official Ford • pointed out that the Fire Marshall can require adherence to the more stringent life/safety code requirements. A letter dated December 16, 1997 from City Manager Jarboe was introduced concerning the fire wall and occupational license requirements. The letter is attached and made part of this official record as Attachment B. At this point in the meeting, Attorney Hayes introduced six exhibits en mass, which are attached and made part of this official record as Attachment C. After the introduction of the exhibits, much discussion ensued concerning the possible confusion between the building and fire department requirements for the separation wall. Minimum access requirements for the handicapped were also discussed, as referenced in Attachment A. Considerable discussion ensued and Acting Fire Chief Mayo was asked to explain his inspection of 50 Ocean Boulevard. Building Official Ford left the room, and Acting Fire Chief Mayo explained the inspection of the building and requirement for the one hour separation wall. Much discussion ensued concerning the need for the fire wall and if a change in occupancy had occurred when Boutique Unique moved into the building. Mrs. Kendall testified that she had met all requirements of the building department and the additional Fire Department requirement for the fire wall would cause a hardship in that three businesses would have to close down for seven to ten days during construction of said wall. The transfer of the Occupational License to 50 Ocean Boulevard was also discussed and it was determined that the business did not have a valid license at 50 Ocean Boulevard. • Code Enforcement Official Grunewald stated he wished to recalculate the administrative fees for Minutes Page -5- 0 Code Enforcement Board September 8, 1998 processing the case and would present the recalculated fees at the November meeting for Board approval. Board Member Mann believed there should be no fine at this time and the other Board Members concurred. After some further discussion, a motion was made by Board Member Mann, seconded by Board Member Deitchman and unanimously carried to find Kae Kendall, owner of Boutique Unique, to be in violation of Sections 20-52 and 20-54 of the Code. A motion was made by Board Member Pelkey, seconded by Board Member Sanders and unanimously carried that Mrs. Kendall must submit plans to the City of Atlantic Beach Building Department for installation of a fire wall separating her business from Adessa Beauty Shop that meet the Life Safety Code and Standard Building Code by December 1, 1998. Installation of the fire wall must be completed by February 28, 1999 or forty-five days from the date the plan is approved by the city,which ever is later. If the property is • not brought into compliance by the required date, a $100.00 per day fine will be imposed against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Official. Mrs. Kendall will be assessed administrative fees as calculated and presented by the Code Enforcement Official at the Board's November 1998 Meeting. Case No. 98-7518 -James Baker, 598 Seaspray Avenue. Mr. Baker, owner of the property, is in violation of the following section(s): Chapter 12, Sections 12-1-3 and 7 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Travel trailer stored in front of the front yard setback line, abandoned Dodge Diplomat in front yard filled with trash and high vegetation (grass and weeds) on the property. Code Enforcement Official Grunewald presented his case concerning the property and distributed photographs for review by the Board. Code Enforcement Official Grunewald explained that he could not see in the back yard of the property and did not know its condition. It was explained that the property was cited for similar violations in 1997 and at one time James Baker had allowed him on the premises for inspection. Marvin Baker, representing his brother James, stated that he had cleaned up the front yard and had cut the grass and weeds. When asked how long he had lived at the address, Mr. Marvin IIIBaker stated he had lived there for a year. Minutes Page -6- . Code Enforcement Board September 8, 1998 Al Monte of 596 Seaspray, who lives adjacent to the property, appeared before the Board and stated there was a junk car, dilapidated swimming pool and other items of junk too numerous to mention, stored in the rear yard of the property, which he believed to be a health and safety hazard and detrimental to the value of his property. After a brief discussion of a proposed fine, a motion was made by Chairman Rogosheske, seconded by Board Member Pelkey and unanimously carried to find Marvin Baker, representing his brother James Baker, owner of the property, to be a repeat violator in violation of Sections 12-1-3, 12-1-7 and 24-163-2 of the Code. A motion was made by Chairman Rogosheske, seconded by Board Member Pelkey and carried by a four to one vote with Board Member Mann voting nay, to assess a one time fine of$250.00 against said property, and if the property is found to be in non-compliance again, a $100.00 per day fine will be imposed against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Official. • A motion was made by Board Member Sanders, seconded by Board Member Pelkey and carried by a four to one vote with Board Member Mann voting nay, to assess Mr. Baker $110.68 administrative costs. Case No. 98-7271 - Calvin C. Grant, 826 Amberjack. Mr. Grant, owner of the property, is in violation of the following section(s): Chapter Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. A letter from Gene Cockrell, tenant at 826 Amberjack Lane, who was not present, was read stating that the boat had been sold and removed from the property. There was no discussion, and a motion was made by Board Member Mann, seconded by Board Member Deitchman and unanimously carried to find Gene Cockrell, tenant at 826 Amberjack Lane, in violation of Section 163-2 of the Code and since the property was brought into compliance, not to fine Mr. Cockrell but to assess him $79.30 administrative fees. Case No. 98-7737 - Benny Ossi, 205 Edgar Street. Mr. Ossi, owner of the property, is in violation of the following section(s): Chapter Section 12-1-7 Open Storage of the Code of the • City of Atlantic Beach in that there exists on the premises the following condition(s): outside storage of trash, discarded vegetation dumped in the rear yard and abandoned vehicles. Minutes Page -7- . Code Enforcement Board September 8, 1998 Code Enforcement Official Grunewald gave a brief history of the property and stated that in 1994 the Board found Mr. Ossi in violation of Section 12-1-7 and at that time found that if the property into violation again, he would be fined $100.00 per day from the day the property was cited and continuing each day until the property was brought into compliance. Code Enforcement Official Grunewald further reported that the property was found to be in violation again on July 20, 1998 and continued to be in violation for twenty-five days resulting in a fine of $2,500.00. In the interim Mr. Ossi sold the property to Jeff Klotz who was aware of the fine against the property. Code Enforcement Officer Grunewald reported that Mr. Klotz has since cleaned up the property and it was now in compliance. Mr. Jack Klotz, representing his son, Jeff Klotz, requested that the fine of$2,500.00 be waived. Code Enforcement Official Grunewald recommended payment of the $2,500.00 fine and administrative fees of$93.73. After a brief discussion, a motion was made by Board Member Pelkey, seconded by Board Member Deitchman and unanimously carried that the $2,500.00 fine arising from a • previous Board Order of November 3, 1994 ($100.00 per day fine for each day the property is found to be in non-compliance x 25 days of non-compliance) stood and that the new owner of the property,Jeff Klotz,would pay said fine within thirty days. If not paid within thirty days, the fine will become a lien placed against said property. A motion was made by Board Member Sanders, seconded by Board Member Mann and unanimously carried to waive the administrative fee of$93.73. Mr. Klotz stated that he understood the Board's findings. Case No. 98-7488 - H.G. Parks, 1120 Ocean Blvd. Mr. Parks, owner of the property, is in violation of the following section(s): Chapter 24, Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. Code Enforcement Official Grunewald distributed photographs of the boat in violation of the ordinance and stated that this was an on-going problem. He further stated that the property was now in compliance and recommended that if the property is found to be in violation again, that a $100.00 per day fine be levied as a repeat violator. Chairman Rogosheske asked Mr. Parks if he admitted to or denied the allegations brought against IIIhim, and Mr. Parks admitted to being in violation of Chapter 24, Section 163-2. Minutes Page -9- Code Enforcement Board September 8, 1998 explained the correct way to store the items to meet code and stated the property was now in compliance and all parts were properly stored. A motion was made by Board Member Deitchman, seconded by Board Member Pelkey and unanimously carried to find Mr. Dawson in violation of Section 12-1-7, and since the property was brought into compliance not to fine Mr. Dawson, (2) If the property is found to be in non-compliance again, $100.00 per day fine will be imposed against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Official, and (3) To assess Mr. Dawson $79.30 administrative fees. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien *A. Jeff Klotz 205 Edgar Street $2,593.73 • This item was heard earlier e under Case No. 98-7737. 6. BOARD MEMBER COMMENTS: None. 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 10:40 p.m. Ken 'ogos es e, Chairman Code Enforcement Board Attest: Yhd. tiltoxit Jiflie M. andt • Secretary ATTACHMENT A ALAN C. JEN: SEPTEMBER 8, 1998 CODE ENF. BOARD Attorney at Law 935 North Third Street 0 Post Office Box 50457 Jacksonville Beach, Florida 32240-0457 Telephone (904)246-2500 Facsimile (904)246-9960 August 10, 1998 Mr. Karl Grunewald Code Enforcement Board Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Kae Kendall/Boutique Unique Dear Karl: I enclose herewith a copy of a letter I received from the attorney who represents Kae Kendall ill regarding the above matter. We spoke about this a couple of months ago with Don Ford and Claude Mayo and you had indicated that you might take Ms. Kendall before the Code Enforcement Board. Please contact me at your convenience to discuss this matter and the status of any action against her, as well as any permit for which she has applied. I look forward to hearing from you soon. Very truly yours, //fALAit; Is Enclosure ACJ/sky cc: James R. Jarboe, City Manager (w/enc) Don C. Ford, Chief Building Inspector (w/enc) • Claude Mayo, Fire Chief (w/enc) ♦ 4 rnw Hayes C1 Lindell, P.A. Attorneys and Counselors at Law Suite 620,Blackstone Building 233 East Bay Street Jacksonville,Florida 32202-3447 4 J.Michael Lindell Board Certified ly the Florida Bar in: Telephone Civil Trial and Business Litigation Law (904)353-5000 Telecopier Dennis E.Hayes (904)633-9561 Admitted to Florida and Georgia Bars Lee G.Kellison August 6, 1998 Also Licensed as CPA Alan C.Jensen, Esquire P. O. Box 50457 ' • Jacksonville Beach FL 32250 . . Re: Kae Kendall/City of Atlantic Beach Dear Alan: Our firm represents Mrs. Kae Kendall, doing business as Boutique Unique, who is being improperly and wrongfully requested to comply with certain alleged code • regulations by the City of Atlantic Beach. • As we discussed on June 15, 1998, you agreed to provide to me copies of relevant portions of provisions of the Southern Building Code and Life Safety Code which you allege apply to my client and the operation of her business in a building which has always been classified as mercantile occupancy and as to which no change in occupancy or use has occurred. However, to date, I have not received a copy of any provisions or regulations upon which the City of Atlantic Beach purports to rely and any explanation from you as to why any such provisions or regulations apply to my client or her business. As you are probably aware, the Florida Attorney General in advisory legal opinion (HE093-47) dated July 14, 1993,has determined that a change in use of a building which would require the building to comply with minimum access _ requirements for the handicapped does not apply to a situation where there is "a change in occupancy by one tenant moving out and another moving in" unless "a tenant accomplishes a zoning change" which has not occurred in the present case. In such attorney general's opinion, the Florida Attorney General has further held that"a change in occupancy or the issuance of a new occupational license does not constitute a change in use or occupancy requiring enforcement of the minimum access require- • RECEIVED AUG 0 8 1998 t .. Alan C.Jensen,Esquire Page 2 - August 6,1998 III ments" for the handicapped. In fact, the Florida Attorney General has specifically held that"a change of use or occupancy" occurs "only when a tenant or owner obtains a zoning change for the subject building." In addition to the fact that the law as applied to the facts of this case does not require the application of the proposed regulations of the Southern Building Code or Life Safety Code to my client or her business, the facts equally establish that any attempt by the City of Jacksonville to apply such regulations to my client or her business is wrongful and improper. As a result, any attempt to apply such regulations - - will,require my-client to file suit against the City of Atlantic Beach for a•declaratory judgment to determine that such regulations are not applicable,for injunctive relief to prevent the application of such regulations by the City of Jacksonville and for damages for numerous violations of the federal and state constitutions concerning the attempted selective enforcement of such regulations against my client when such regulations are not enforced against other similarly situated businesses. I would appreciate your providing me with a copy of the regulations which you 0 agreed to previously provide and the position of your client the City of Atlantic Beach concerning why such regulations are alleged to apply to my client before all parties spend an unnecessary amount of time, expense and attorney's fees. Sincerely, YES & LINDELL, P.A. ("z1//-1 Des.E. ayes DEH/bh cc: Mrs. Kae Kendall DH WORK\KEND ALL\JENSEN.1 98-132\937-1 III Hayes&Lindell,P.A. 620 Blackstone Building233 East Bay Street Jacksonville, Florida 32202-3447 M , ATTACHMENT - '•. 09/08/98 CODE ENFORCEMENT BOARD MEETING <,•"' CITY OF r . "kleuttic Veal emuda • '� 800 SEMINOLE ROAD 3�)1 -— -- ATLANTIC BEACH,FLORIDA 32233-5445 `, TELEPHONE(904)247-5800 �• ,4 FAX(904)247-5805 • SUNCOM 852-5800 December 16, 1997 Ms. Kae Kendall Boutique Unique, Inc. 50 Ocean Boulevard Atlantic Beach, FL 32233 RE: City of Atlantic Beach Occupational License Dear Ms. Kendall: • As you may know, your pending application for an occupational license for Boutique Unique, Inc., located at 50 Ocean Boulevard, is on hold until approved by the Fire Department. I have enclosed a copy of Section 20-52 of the City Code to assist you. I have asked that Assistant Fire Chief Mayo get back with you to fully explain the process you need to follow for approval. It is extremely important that requirements to comply with the fire code and fire safety standards are met. Once they are met the City Clerk will be able to issue you your occupational license. I have directed Assistant Chief Mayo to contact you in order to answer any questions regarding these standards. Also, I have discussed the matter with the City Attorney, and he has told me that if you fail to meet City requirements regarding the occupational license and regarding the fire safety standards, you may be subject to the enforcement provisions of the Code Enforcement Board. However, he indicates that the City can certainly allow a reasonable amount of time for you to bring your premises into full compliance with all applicable codes and requirements, and issue an occupational license once all requirements are met. I would recommend that you move promptly to bring your premises into compliance as soon as possible. By doing so you will be operating legally with the proper occupational license. 11111 • Kay Kendall • December 16, 1997 Page 2 Chief Mayo will be in touch to assist you through this process. Very truly yours, ..-, ,, ,6,,a, ,. . , es R. Jarboe City Manager Enclosure 0 JRJ:tl cc: Maureen King, City Clerk Don Ford, Building Official George Worley 11, Planning Official David Thompson, Director of Public Safety Assistant Chief Claude Mayo Alan C. Jensen, City Attorney II §20-51 ATLANTIC BEACH CODE Person shall mean any individual, firm, partnership,joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee,executor,administrator,receiver or other fiduciary,and shall include the plural as well as the singular. Physical facility shall mean all areas used by a firm to conduct its business, and shall include both buildings and outside areas used in conjunction with the business, but shall not . include those areas used exclusively for patron parking. Professional establishment shall mean any business or profession which is regulated by the state department of professional regulation, or other state board or commission thereof. Religious institutions shall mean churches and ecclesiastical or denominational organi- zations or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church ceme- teries. Retail establishment shall mean any business engaged in the sale of goods or commodities in any quantities. Service establishment shall mean any business or individual engaged in any trade,or who • provides labor,repair,maintenance or incidental services.Hotels,motels and restaurants shall also be considered service establishments. Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. (Ord.No.45-84-6, § 1,9-24-84;Ord.No.70-93-11, § 1,7-26-93;Ord.No. 45-94-11, § 1,6-27-94) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference Similar definitions, F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city,for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city,for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section,and who transacts any business or engages in any occupation or profession in . interstate commerce,if such license tax is not prohibited by Section 8 of Article I of the United States Constitution; • (4) Any person who reports himself to be engaged in any profession, occupation or in- dustry for the transaction of which a license is required under this chapter either by exhibiting a sign or advertisement or by advertising in any newspaper or any other Supp.No. 15 1162 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233 APPLICATION FOR NEW LICENSE ✓TRANSFER OF AN OCCUPATIONAL LICENSE TO CONDUCT THE FOLLOWING BUSINESS: (Check one) BUSINESS NAME Br,-tai 9)1 U- l ],lasz___) 3 hG • BUSINESS LOCATION © Q O ( 8tO ,c SQUARE FOOTAGE OF BUSINESS PREMISES 1-1210,,,s -N- (INCLUDE BOTH BUILDINGS & OUTSIDE AREAS USED IN CONJUNCTION WITH THE BU'SBUT NOT AREAS USED FOR PATRON PARKING) MAILING ADDRESS • II • .. I ! • s EXPLAIN FULLY THE NATURE OF THE BUSINESS DO YOU HAVE, OR WILL YOU HAVE, ANY VEND G MAQHINES ON THESE PREMISES? no (vEKDIxc MACHINES INCLUDE AMISEKENT/CAMSE MSACHLXES. POOL/BTM•I RD TABLES. ELECTRONIC MUSIC MACHINE AXD AXE COIN OPERATED MACHixs WHICH DISPENSES A PRODUCT OR SERVICE) IF YES, PLEASE INDICATE NUMBER AND TYPE OF MACHINES 1111 OWNER/PRINCIPAL OFFICER Rcp 1Z9z,,aci_ca HOME ADDRESS ti 971 t p i p�.„ Ectsi BUSINESS PHONE DL{ 1 • "1 I d -1 HOME PHONE al-tQ • SOO" DATE OF BIRTH GI . ci . Li(0 SEX F DRIVERS LICENSE # K 5311 •500•LICo` gag (Attach copy) FEDERAL EMPLOYER ID # OR S.S # s a( . (o • 9 3 STATE LICENSE/CERTIFICATION/REGISTRATION # ( If applicable)at).DI_. pia317•sa (Attach copy) I. THE UNDERSIGNED. SWEAR OR AFFIRMS THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT AXD I AGREE TO NOTIFY THE CITY CLERIC IF THERE IS ANY CHANGE IN TICE ABOVE INFORMATION. I FURTHER UNDERSTAND THAT ISSUANCE OF A LICENSE BY THE CITE CLERK IX NO WAY RELIEVES MSE OF THE RESPONSIBILITY FOR COMPLIANCE WITH ALL PROVISIONS OF THE CODE OF ORDINANCES PERTAINING TO CONDUCTING A BUSINESS Alt THE CITY• ` OOF^ATLANTIC (BEACH. • 0-•5i_ ,QX x(1 11 clo Y k I o_s t l 6 VE Signature Titld - +AF_ YF r\CkL 11 1 I • 13 . 9 -7 Print Name Date NOTE: NO PERSON, FIRM, OR CORPORATION SHALL ENGAGE IN OR MANAGE ANY TRADE, BUSINESS, PROFESSION, OR OCCUPATION IN ATLANTIC BEACH 4111 WITHOUT FIRST OBTAINING A LICENSE AND PAYING AN ANNUAL FEE. APPLICATION AND/OR PAYMENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE. ;I ALL OCCUPATIONAL LICENSES EXPIRE SEPTEMBER 30 OF EACH YEAR ' V , ATTACHMENT C 09/08/98 CODE ENFORCEMENT BOARD MEETING • INTER OFFICEMEMO To: Alan Jensen, City Attorney From: Claude Mayo, Acting Fire Chief Subject: Kae Kendall/Boutique Unique Date: August 14, 1998 I received a copy of the letter you sent to Karl Grunewald, Code Enforcement Officer for the City of Atlantic Beach. I am responding to your letter due to Mr Grunewald being out of town at this time and I am not sure of any time restraints that might have been imposed on your office. Inclosed you will find several attachments that reference the codes and license applications as it relates to the Boutique Unique located at 50 Ocean Blvd. Atlantic Beach. 1. Mr. Hayes letter, Attorney for Mrs. Kendall suggest that there was no change in occupancy, • this not true see attachment A and A-1,B and B-1, C and D. Enclosed. Attachment A will show that in 1991 Adessa's was operating as a Beauty shop. Attachment A-1 is a copy from the Standard Building Code 1994, which will show that a Beauty shop is a Business Occupancy. 2. Attachment B is a copy of Boutique Unique's application for the transfer of an occupational license to conduct a Retail shop at 50 Ocean Blvd, which is Adessa's Beauty shop. Attachment B-1 is a copy from the Standard Building Code 1994, which will show that a Retail store is a Mercantile Occupancy. 3. Attachment C is a copy from the Standard Building Code 1994, which shows the minimum fire separation requirements. 4. Attachment D is a copy from the Standard Fire Prevention Code 1994, which states that fire rated partitions required by the building code shall be maintained. It should be clear that there was a change in Occupancy Class and that Mrs Kendall is not being asked to any more than the code requires. If I maybe of any further assistance please call me at 247-5870. cc: Karl Grunewald DEPARTMENT OF BUILDING CITY OF ATLANTIC BEACH ----- =iN!ITJ :Ly;.TI N f. '* N INFORMATION =ermi t Number : 13312 Address : 50 OCEAN BOULEVA - Permit Type REMODELING ATLANTIC BEACH. FLORIDA 32233 lass of Work :REMODEL LEGAL DESCRIPTION Const_ . Type: CONCRETE BLOCK Block : Lot : Twp : 0 Proposed Use: COMMERCIAL • Section : 0 Suba: Rng : 0 Dwellings : 0 Subdivision: Est . Value : 0 . 00 improv . Cost : 2 . 000 . 00 Total Fees : 30 . 00 Amount Paid: 30 . 00 ' ai d: TT/03/._4a- ' ..' .. esL :EllES FON INTERIOR. WALLS OWNER INFORMATION AP:L- ..AI - - I _ Jame : ANNE ERAFORD/RUTS DIEL=N/ JUBRAU PERMIT 31„) . 0C 50 UC:AN BOULEVARD ATLANTIC BEACH . FLORIDA 32233 .Jae : .04 24.)-7711 CONTRACTOR INFORMATION _RcPERT'-' OWNER be: i NOTES: NOTICE - INSPECTIONS MUST BE REQUESTED AT LEAST 24 HOURS PRIOR TO INSPECTION BUILDING MATERIAL, RUBBISH AND DEBRIS FROM THIS WORK MUST NOT BE PLACED IN PUBLIC SPACE,AND MUST BE CLEARED UP AND HAULED AWAY BY EITHER CONTRACTOR OR OWNER "FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS." $36.00 14 SUED ACCORDING TO APPROVED PLANS WHICH ARE PART OF THIS PERMIT dALNRt9 RT TCQ� `AL�Att4OR +LATION OF APPLICABLE PROVISIONS OF LAW. CHECKS • ATLANTIC BEACH BUILDING DEPARTMENT By: \ ;e,... C- -� JOB COPY ICY , • • CT, , L'euxis <Ls1- it"? 1 , t .. . 0_. . ....et L6Clit. t 0 AON 3310 DNIcrune ii3V39 01.1.011t1 10 A110 CI3A0elacid t! q8/711A5(erg 0 4 , )( . z i . . _ X •I . . 14 IN / _J , . ,.. Ferc-^ ,r7. il 7611 Sim -- —... i... .T ., tNi . .. . i nri 9 Q 19_ '- (‘ A..... : City or Atlantic Beach , •• uilding and Zoning I I Apr-01 -98 11 : 59 P.02 • 111/1 FOR OFFICE USE ONLY LICENSE NUMBER CODE NUMBER FULL / HALF YEARCCE ?AID P S. PROPRRTY CS NOW ZONED REQUIRES CITY COMMISSION APPROVAL: YES ! NO DATE APPROVED OR DENIED BY COMMISSION ZUILDING ANT, ZONING DEPARTHENYT FIRE DEPARIHiNI Ai PROVAL N - 11i L kW V CIL r ". DATE. 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A change of use or 1110 occupancy which would require the application of the minimum accessibility requirements of the act occurs only when a tenant or owner obtains a zoning change for the subject building. Sincerely, Robert A. Butterworth Attorney General RAB/tgk [1] Public Law No. 101-336, 42 U.S.C. ss. 12101, et seq. [2] See, Ch. 93-183, Laws of Florida. [3] While s. 553. 48, F.S. , will be repealed effective October 1, 1993, s. 553.504 (13) , F. S. , as created by Ch. 93-183, Laws of Florida, provides: Notwithstanding the provisions of the guidelines, when 11111 the use of a building, structure, or facility is changed or is altered the following shall apply in required restrooms: (a) accessible water closet seats shall be at a height of not less than 19 inches and not more than 20 inches, measured by the vertical distance from the finished surface of the floor to the top of the seat. (b) A grab rail shall be installed at a height of 33 inches, measured by the vertical distance from the finished surface of the floor to the top of the rail, with an allowable variation of not more than 0.5 inches. (e.s. ) [4] Section 4, Ch. 93-183, Laws of Florida, repeals s. 553. 48, F.S. , effective October 1, 1993. [5] See, Silva v. Southwest Florida Blood Bank, Inc. , 601 So.2d 1184 , 1187 (Fla. 1992) . [6] See, Reed By and Through Lawrence v. Bowen, 503 So.2d 1265, 1267 (2 D.C.A. Fla. , 1986) . [7] Webster's Third New International Dictionary 2523 (unabridged ed. 1981) . III/ [8] Committee Substitute for Committee Substitute for House Bill 543 was the House of Representatives' version of CS/SB 1441. The Senate bill was subsequently substituted for CS/CS/HB 543, on May 30, 1989. The language in CS/SB 1441 It1Lt./Regal 1.11111.euwago.HSI/aaeCJ / / IJ.../Oe19,uu1UJJ21oau, 4:5JGJ0,_JCVVO101de!UpeIiuocuIrieI1 J/O/JO OA/0/C Iratunnornradn;P7 r Q t onnac7oc7co+71 npopccn nn+,I nor c I 1 I caarvnctrnap/nna unr-I rvRatu-dnu • 410 s eyq I Aloloand I sgof I saovuaS I Dv s,epuou I aousnf leurtupp I uopnoasoid I ivaunua.+O ua�p suulo!A aurua I Awl uou.101 I saamnsaoJ I suoruidp I wS uanjtj I sM�131..uGH PI [OT] •adey o?PT►*d '6861 'LT TT=dY ' 11100S INErrszana s.zteggv A4TunoaaoD sani4e4uaseadou 30 asnoH [6] 'epTxOT3 4110 3o SMe'I 'L6-68 .40 buraooaq '686T 'OZ aunt+ uo 2ou30AoO auk Aq paubts sem T66T TTiH a4eues zo; eana.trsgns aaagTwmo3 '£6S EH/SD/So uT paure4uoo 4eg4 o. =eTrtuis ATTeTwegsgns sem j-JO t, agrd SO ' d dOI = £O 26-SI -gni" , / Ili'. .Y ,s a,. 1 . . • . • CITY OF 'Vada i, F �(� e - �d LICENSE NUMBER j� e �rGG`LGJ�L 93-03343 OCCUPATIONAL LICENSE -YPELICENSE: GIFTS/GREETING CIODS 1997-193 LICENSE YEAR c-)—- =1 0- < �C Ti rO 3USINESS LOCATION 1 OCEAN BLVD CLASS NO. 9/1 7,97 0.c DATE ISSUED _ O O DATE EXPIRES y/Jrl9R O n mm :IRM NAME: ECUTIQUE UNIQUE, INC. z? c LICENSE FEE j n C 'z "'v K S;�D.ALL, KA L INVESTIGATIVE FEE m<C OWNER/MGR: TRANSFER FEE $45.°-?, O — �D 1 v:.z A.fv BLVD DEL.pEPVAL.'11.c�J97 r]1 Grroi 7 J `C -6 2 D ATLANTIC 3E:1CH FL 77,--Z--•lli ,,..„� .OL' 1c:: z°O� TOT�s 1 JUH3a113e0 O NOT EFFECTIVE UNLESS VALIDATED BELOW D fLCl.�` ER7,1� <m 7 IS LICENSE MUST BE CDI'JS?!C: CUSL:' POSTED IN ?LACE OF BUSINESS III -- . Ex . -1- Apr-01-98 11 : 59 P.01 41/1 CITY OF ATLANTIC BEACH 800 StMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233 AP"r.T('3TTnN FOR , .. . • a+ Y. LICENSE 'y/TRHNSFER U!•' AN OCCUPATIONAL LTrFMc_ TO CONDUCT THE FOvuuvwlivL r O♦ : v BUSINESS: (Check One) • SUSINESS .,;is CDQC},u.C 41-11 -. k•p"-k. BUS T*.!ECL` rrOC TION SQUARE FOOTAGE OF BUSINESS PREMISES' L t _ (INCLUDE HOTS AUILDIEOS f. OOTSIDE AREAS USED IX COwsuNCTIOW vire THE 417SER ,.: ;'T vr.v.r-w-e 71C: 7twF1: T'I.'7 PORMATSif�t MAILING ADDRESS ('1i �r ter. . �-�.. . r1 ,.,. �►f • (` �-• i� ' • �•Zi�Yit _VDr AIN COPT T.Y THE % Amo tor' n.F toot,- nr.r00 .1 v r� . O C • 11 DC YOU HAVE, OR WT r.i. Y(lt f H"E v'A v c tc�in rv,C uA�SIN. ' - - " -• ' -••• y•., Galll•1rJ ON THESE PREMISES r ". (VENorxa MMr5gYM/: music raalnwr AND atm COI! ormnitrr1 PD1C.'Lx= InECCI TI-WE.1Sr'S A P➢DDocT 04 SERvrc i p•:-. rawt.rct. aLCTtrowIc IF Y1r5. PLEASE INDICATE NUMBER AND TYPE OF MACHINES 1 OWNER/PRINCIPAL O ICER C.1)411110 • (1 C1Vi•!G AULICGJJ l 1 R ( S V...(1 p I p Q�� 1('L2 f• S`T susiNz zi., c.,v.vc: '2,24 l • t lc)C11 l'11..1mE PHONE ;-"i`l • .SCC DATE OF .TRTH Q . Q SEXDRIVERS LI T•1JcF o-,9 � A rra.�n �l.n•• r FEDERAL EMPLOYER In = CR S.S 7 ) . 1%Q . LJ < l• vr� STATE LICENSE/CERTIFICATION/REGISTRATIC*I t ( If 3C=IICr1 ;_r )�ai..r1'. . 1H-)1.1,1"; .<71 (Attach nt�a. copy Z. t.a. Z. TEClry E uiusru. ytrraw w RN ArrITHAT rx ABOVE STATTPOWTS ARE TRUE AND CDRREC.T AND t Acwrr TO NOTIFY R� = I! TKERE LS ANY Qtatcr TN v71V xwru• ♦r1..e.,.7...., I POW= UNDERSTAND TWAT 16303111CC OP Y ISCa6s WV THE crrr CLIME MN 5o war MEL:27ES ._ cr rim RFSponsuir .tTT w,• nr.�� TIT= .. .. yzW Ci ZEE VJYL i,r YKYlJ{ancEs sC•a'E;s . carr Or aILAKTIc eeacH. Atte TO mwDociltrc a r..i 1). 1 A 11 r Signaturc 44)06s, '►t)c rte,. 1 l\ I • "ice ti 1 . It-AA-1- 1 Frier Names Date NOTE: NO PERSON, FIRM OR CORPORATION SHALL ENGAGE IN OR MANACF. ANY TRADE, BUSINESS, PROFESSION, OR OCCUPATION IN ATLANTIC REACH WITHOUT FIRST OBTAINING A LICENSE AND PAYING AN ANNUAL FEE. APPLICATION AND/OR PAYMENT DOES NCT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE_ 40 ALL OCCUPATIONAL LICENSES EXPIRE SEPTEMBER 30 OF EACH YEAR •